Probate and Estate Litigation

The death of a loved one can be overwhelming, emotional, and stressful. Let Attorney Klotz help guide you through the Probate process.

Probate is the legal mechanism by which the Decedent’s Estate is settled and his property is distributed. Probate ensures that a Decedent’s financial assets, real estate, and personal property are allocated in the manner in which he wanted if a valid Will, Trust, or other Estate Planning documents were executed. If the Decedent left no Will, his Estate will be apportioned according to the laws of intestacy in the Commonwealth of Massachusetts and in conjunction with the Massachusetts Uniform Probate Code.

For simple matters, the filing of a Voluntary Statement may be all that is required. If the Estate is more complicated or if a Personal Representative needs to be appointed, either an Informal or Formal Probate would likely be necessary.

Unfortunately, the death of a loved one may cause friction between family members who have varying opinions as to what he is, or should be, entitled to receive from the Decedent’s Estate. If there is a challenge to any part of the Probate, you need a qualified Probate and Estate Litigation Lawyer like Seth D. Klotz who can help you either defend claims against the Estate or bring claims, when a court-appointed Personal Representative or other Fiduciary, is not carrying out the responsibilities of their position.

There may also be challenges to the formal procedure during the execution of the Will, the Will itself, or the testamentary capacity of the person executing the Will, called the Testator. Issues such as whether or not the Testator was of sound mind and capable of executing a Will; whether or not the Testator made any unnatural distribution of his property or Estate; and whether or not the Testator was subjected to undue influence or fraud in his decision to apportion his Estate in the manner he did, may also be raised. A qualified Probate and Estate Litigation Lawyer like Seth D. Klotz will assist you with those challenges.

Attorney Seth D. Klotz handles all Probate and Estate Litigation matters in the Massachusetts Courts.

Please call today for a free initial consultation and to schedule an appointment with Attorney Klotz. Call 617-302-2163.